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39.—(1) Save as provided in sub-paragraph (2), a transition member (P) is not entitled to payment of total incapacity benefits under regulation 65 of TPR 2010.
(2) P may receive payment of total incapacity benefits under the existing scheme regulations if—
(a)before P’s transition date, P makes an application under regulation 65 of TPR 2010 which is not determined by the transition date;
(b)P’s application is successfully determined after the transition date; and
(c)P has not made a subsequent application under regulation 162 of these regulations for payment of total incapacity benefits.
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